• Need guidance on what is illegal on bank part while recovery of loan.

Hi
I am a unmarried female resident of Delhi. I had taken a HOME loan of Rs.2500000/- in year 2016 from canara bank . It was my first property buy and first bank loan ever hence without much guidance and knowledge I was charged 10.60% rate of interest., which I got to know was way to high in comparison to the actual rate of interest. 
Still my first of year of loan went pretty well by paying emi on time . Since year 2018, due to financial crisis my emi got irregular (but still paid) . From 3 continues months I failed to pay the emi but then started paying regularly. While in year 2018, when I was struggling to pay bank kept on sending various bank people/court ppl to my house where I dont stay but my tentent stays. They infact went to my neighbor house and shared my loan details (this happened more than 2times, all without informing) infact bank manager also visited my property more than once . They always knew I don't stay in that property still they visit and talked to my tenants. I m really pisses with this bank ppl 1) they know I dont stay in that.property 2)they know my office address where they are welcomed I have issues 3) why to anyways give surprise visits when I m in full touch with them . 
Today when I want to settle down my loan by paying full they not ready to give me 3-4days rather are threatening me that they will visit my property and talk to tenants. 

When asked for loan closer amount they have charged 5000/- rs extra for all recovery site visit now that's something more irritating all these visits are not called by me, nor I entertain such visit to my house where tenants stay.


I need to know.
1) Is it legal for bank to give visit at my house I dont stay and talk to tenants , telling them we are sealing the property , talking neighbors. . 
2) can I fight for my rate of interest . Later after taking the loan I got to know about .government law where girls get rebate on first property buy.
Asked 6 years ago in Civil Law

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8 Answers

in event you have been irregular in payment of loan bank can depute its officials to your residence but have no business in talking to your neighbours 

 

2)you can shift loan to another bank offering lower rate of interest . 

 

3) bank would not reduce rate of interest on loan granted to you in 2016 with retrospective effect 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. If this is your permanent address, that you disclosed in the loan documentation, the Bank people are free to visit this property. But talking rubbish with neighbours and tenants does not makes sense.

2. Having agreed for the interest rate proposed by the bank at the time of taking loan in 2016, the Bank will not reduce the same. However, you may request for waiver of other miscellaneous unjustified levies on you, such as Rs. 5000 in the name of recovery site visit.   

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. bank's action of visiting your property and talking to your tenants is not in accordance with law. They are trying to intimidate you against which you can file a police complaint

2. That is not possible. You cannot take such a plea now. Bank loan is a contract. And under the law it is deemed that the party who enters into the contract and signs on the dotted line is presumed to know what he/she is doing, unless that party can show some fraud or mischief by which he/she was induced to sign the contract. In your case you cannot now take the plea that the bank charged you higher rate of interest or claim any benefit under any government scheme for girls which you subsequently learnt of

 

also bank cannot levy the 5k towards visitation or recovery charges. Their action is not recognised by law. They could have claimed those charges only if they followed the proper legal procedure and only if such an amount was awarded to the bank by a competent court

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. See you can file a consumer complaint against bank for unfair trade practice and further seek compensation for mental harrasment and the amount charged by bank.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file a Complaint to Banking ombudsman or Consumer court in this matter. You can pray for compensation

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

you can approach the banking ombudsman. This is a senior official appointed by the Reserve Bank of India to redress customer complaints against deficiency in banking services, as per its scheme introduced in 1995.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Immediately file a Case Before the Consumer Forum for deficiency of service and to restrain the bank for using such unwanted steps , they are totally wrong and also file an FIR of threatening and misbehaving, they will be taken to task.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

1.  You can issue a legal notice to the bank manager about this and can instruct him to refrain from indulging in such illegal activities in future or else you may have to initiate action through criminal laws and also for defamation.

2.  For interest rate reduction, it will not be possible now since the loan had been taken on the prevailing rate then and not on the current rate.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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